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(영문) 광주지방법원순천지원 2020.10.21 2020고단1045
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On January 6, 2020, the Defendant is a person who is engaged in driving a vehicle B, and even though it is inaccurate that the Defendant was under the influence of alcohol on January 6, 202, at least 0.125% of blood alcohol concentration, it is impossible to walk normally, and the face is red and sturging so it is impossible to drive normally, but the Defendant driven the above vehicle and driven the two-lanes in front of the luminous telecom at the direction of the luminous entrance.

At the time, the accident was getting off and the place was where the center line of yellow solid lines is installed, so the driver as a driver has a duty of care to thoroughly implement the front line and safely proceed along the right-hand side of the center line and prevent the accident from occurring.

However, under the influence of alcohol, the Defendant was driven by the victim D (hereinafter referred to as 25 years of age) who was driven by the Defendant due to the negligence in the center of the center line while neglecting this, and was driven by the victim D (hereinafter referred to as the “victim D”) to the front part of the vehicle in front of the above spke drive, and caused the victim to suffer from the shock of pulverization in the front part of the vehicle in need of approximately 14 weeks of treatment.

Summary of Evidence

1. The written statement made by the police concerning F of the defendant's legal statement, the oral statement, the circumstantial report (whether the defendant is in a dangerous driving), the inquiry into the results of the crackdown on drunk driving, and the investigation report (Calculation of blood alcohol concentration);

1. Application of the Acts and subordinate statutes to the actual condition survey report, traffic accident evidence photograph, accident site photograph, internal investigation report (the central violation of A), CCTV image-fash photographs, internal investigation report (the confirmation of the status of body as of the injured party D), and internal investigation report (the state of health of the injured party D);

1. Article 148-2(3)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 16922, Feb. 4, 2020) and Article 144(1) of the Road Traffic Act (amended by Act No. 16922, Feb. 4, 2020).

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